There can be disagreements within families.There may be disagreements between grandparents and their children.The disagreements are usually short lived and the family gets together.In some cases, grandparents are not allowed to see their children.Under certain extreme circumstances, grandparents may be able to seek custody if this happens.Legal rights for grandparents vary from state to state.If you want to pursue a legal right to see your children's children, you should retain an attorney.
Step 1: What rights do you want?
The first step in evaluating your rights as a grandparent is to determine what you want.Do you want to spend time with your grandchild?Do you want the court to have a schedule for visitors?Do you want full or partial custody of the child?What is in the best interest of the child will be considered by the courts.The courts will try to determine what arrangement will foster the child's happiness, feeling of security and mental and emotional developmentThe child's wishes may be considered by the court.Other siblings have custody arrangements.It is possible to get to school.There are either parental abuse or addiction.A continued and stable home environment is needed.
Step 2: Understand your rights as a parent.
After a change in relationship with the children's parents, a divorce or the death of a parent, some grandparents will try to reestablish their contact with their grandchild.The relationship between the grandchild's parents and whether or not they are still alive is one of the things that courts look at when awarding grandparenting rights.The courts will rarely overrule a parent's decision to deny the grandparents access to the children if the parents are happily married and the child is healthy.The court may choose to intervene if a parent dies or becomes incompetent and the healthy parent has a bad relationship with the grandparents.The relationship between the parents and their children.There is a relationship between the grandparents and the children.The court will decide if it is beneficial for the child to have access to their grandparents.You can find a state-by-state summary of laws that affect grandparents'visitation and custody rights here.
Step 3: Understand your custody rights.
If the child's parents are still alive, it is more difficult for a grandparent to get temporary or permanent custody.The court will make a decision based on what is best for the child if a grandparent petitions for custody.Child abandonment, child abuse, or child neglect are some of the circumstances in which grandparents must demonstrate extraordinary circumstances to win custody.Some states will only allow grandparents to petition for custody if they can demonstrate that they have been acting as a parent for a certain amount of time.The courts will look to see if the child has been living with the grandparents for an extended period of time.Courts will not grant custody to grandparents if the parent is shown to be incompetent.
Step 4: An attorney for family law.
Custody disputes that are in opposition to a parent's wishes can be very complex.The law favors parents over grandparents when it comes to determining who the child has a relationship with.You may feel that going to court is your only option if you can't work out a schedule with the parents.An experienced family law attorney can handle your case.
Step 5: You can find an attorney.
The next step is to find a family law attorney that can help you with your case.Referral from a friend or family member is one of the ways to locate attorneys.If you know someone who used a family law attorney, you can ask them if they would recommend that attorney.A trusted person with personal experience with a family attorney is a good place to start.State or local bar associations.Referral services can be provided by local and state bar associations.You can check for complaints against your family law attorney through the state bar associations.The American Bar Association has compiled a list of state-by-state resources that can direct you to attorney referral sites.This information is provided by the ABA at www.americanbar.org.
Step 6: Check the credentials of the attorneys.
After gathering a list of local family law attorneys, they should look at their credentials and reputation in the legal field.Determine whether any complaints had been filed with the state bar associations.Make sure they specialize in family law by reading their website.Look at their educational background.There are reviews about the attorney.
Step 7: Prospective attorneys would like to meet with you.
You should meet with several family law attorneys in your area or in the area where the case will be filed to discuss your legal needs.Attorneys will often give a free consultation.You should bring copies of any documents, photographs or information relevant to your case when you meet the lawyer.Ask for an explanation of the fees and costs associated with a lawsuit and how often you would have to refill a retainer.Ask the attorney if they brought cases on behalf of grandparents.Ask the attorney if they have brought cases in the specific jurisdiction where your case will be filed.The attorney can give an estimate on how long the process will take.Ask the attorney in your office if you can contact them with questions about the case.All of the facts relevant to your case should be open and honest.During the meeting, take notes.
Step 8: An attorney is needed.
A retainer agreement is an agreement of services and fees between you and your lawyer.You will usually be asked to pay a certain amount of money.Ask the attorney to explain the agreement when you read it closely.Is the agreement in writing when evaluating a retainer?You want the agreement to be in writing.Some places don't require retainer agreements to be in writing.If your agreement is not in writing, an attorney could try to argue that they never represented you, which could pose a significant problem if they missed deadlines or did not handle your case appropriately.The law firm may have conducted a conflict of interest search.You want to make sure that the law firm's relationship with any party or witness in the case is disclosed by your attorney.Is the scope of the work for which the attorney is being hired specified in the agreement?Does your agreement include any appeals from your case?Does it tell you how much it will cost for a phone call?The scope of work that the attorney is being hired for should be specified in the agreement.Does the agreement state what will happen to legal disputes between you and your attorney?Does the agreement give you the right to end the representation of the attorney?
Step 9: Discuss your custody options with your attorney.
Depending on the laws in your state, there are a variety of options that you should discuss with your attorney to determine what is best for you and your grandchild.You can petition the court for temporary custody.You can petition the court for temporary custody if the parent is unable to care for the child.You can have legal authority over the child until they are 18.If the parental right were to be terminated, a court would have to change the status of the guardian.If the child is already in your custody and you don't believe the parent will ever be fit, you can try to get the parents to give up their rights.This is the most permanent form of custody.If the conduct is so bad that the court views it as a last and only resort, parents usually have to give up their rights.It is hard to get someone's parental rights terminated.You can try to get court-ordered visitation rights instead of custody.Most states allow for grandparents to have access to their children.State courts have given more thought to the decision of a fit parent regarding the care and custody of their child after the Supreme Court ruled that over broad laws allowed grandparents to visit.
Step 10: Take the appropriate court into account.
The family court is where you will file the petition.If there is an ongoing custody case, you will file your petition at the same court hearing the custody dispute if you can locate this court by conducting an internet search that includes the name of the state and county where the child resides.
Step 11: Go to the petition form.
Most courts require a grandparent to file a petition with the family court in order to get access to their children.The courts will usually have petitions on their website.If you hired an attorney, they will file the petition in the jurisdiction where the child lives.To locate the appropriate forms, conduct an internet search of the county where the child lives, and the search terms family court and custody petition. Depending on the court, you may also be required to file a summons or citation for serving your case.You can ask the family law court clerk where you can find the appropriate forms.
Step 12: The petition needs to be drafted.
You will need to provide your name, address, and relationship to the child in order to file a non-parental custody petition.The name, address, and relationship information of the child's parent.The name and age of the child who is being sought for custody.Where all of the parties reside is where the jurisdiction information is located.The parties were served the petition.The court has jurisdiction over the case.There is information about where the child resided for the previous five years.There is support for claims to custody or visitation.There is information about health insurance and child support.You want the court to grant your request for a statement of the custody.
Step 13: The petition should be filed in the appropriate family court.
In the county where the child lives, you should file your complaint.You should ask the court clerk what you need to do in order to file your petition, and follow the rules for your specific court.Bring at least one original and two copies to the court clerk.The documents need to be submitted to the court clerk.The original documents will be kept by the clerk, who will return the copies to you.A filing fee is paid.Paying a filing fee is required by most courts.The fee should be brought to the court at the time of filing.You may be able to waive the fee.You should keep two extra copies of the petition.
Step 14: The petition should be served on the guardian.
You must give a copy of the petition to the child's current guardian in accordance with state law.If you don't serve the defendants properly, your lawsuit may be deemed invalid.A person over the age of 18 gives the document to the other person and fills out an affidavit about the service.Friends, family members, professional process server, or law enforcement personnel can be included in a state's processservers.The service can be done by mail.You can serve a lawsuit by mail.If you want to show the court that the document was delivered to the residence of the Respondent, you should send it by mail.
Step 15: Proof of service can be filed.
Most courts require you to file a proof of service document after you've served the petition.It is important for you to submit this document because it is used to start the time period for when the Respondent must file a response.
Step 16: Wait for an answer.
The parents have at most 21 or 30 days to respond to your petition.If you don't get a copy of the response, ask the clerk to give you one.If they don't respond, you can file for a Default Judgment in which the court will grant your requests.A Default Judgment is an order from the court that grants you things you requested because the other party did not argue against it.The court may not have the power to order someone to pay money if they are not in the court's jurisdiction.
Step 17: Request a hearing.
You can request that the judge schedule a hearing to determine the custody of the child after you have served the complaint.The process of scheduling hearings in your court can be learned by contacting the clerk.You need to notify the other party of the hearing date once it's scheduled.If your court has a form for that, ask your clerk.The date of the hearing should be included in the notice of hearing.The time of the meeting.The location is where the hearing will take place.The judge who will conduct the hearing is named.The hearing is expected to last a long time.
Step 18: Take part in the discovery process.
The case moves into thediscovery phase after a petition is filed.Both parties will be looking for information and facts from each other during the pre-hearing phase of the case.Attorneys for the grandparents and the respondents will send written questions and requests for documents.You may have to sign a verification swearing when you meet with your attorney to respond to the requests.Individuals who have information about the case will be deposed by attorneys.People who may be called at trial are often depose by attorneys.In front of a court reporter, witnesses must answer questions under oath.Sometimes you need a party or child to have a medical or mental health checkup.
Step 19: Make disclosures before the hearing.
Both parties will submit a list of evidence, testimony and experts to the judge and each other before the hearing.List of witnesses to testify at trial and topic of their testimony are some of the disclosures that may be included.You will present physical evidence at trial.There is a list of experts.Who will be giving testimony at the trial.
Step 20: You should be familiar with court rules.
When a case is brought to court, procedural rules must be followed by all parties.Below is a list of procedural rules where to find them.What kind of evidence can be used?How to enter evidence.There are certain methods of questioning witnesses.You can find local court rules by calling the court clerk and using the internet to conduct a search for the rules.
Step 21: You can participate in mediation.
There are family law courts that require mediation in custody disputes.A neutral third party tries to negotiate an agreement between you and the parents during mediation.The goal of mediation is to get you and the parents to agree to the rights you should have as a grandparent.If mediation is successful, your attorneys will prepare necessary documents and submit them to the court for signature.If it was successful on all issues, this would be the end of your trial.If mediation doesn't work, you go to trial.Nothing said in mediation can be used or disclosed outside of the mediation process in most states.There is no confidentiality in the process of mediation in a few states.
Step 22: It's appropriate to dress appropriately for the hearing.
You want to appear in court in a professional way.If you are a man, you should wear a collared shirt and tie.If you are a woman, think about wearing dress pants, a nice blouse or a dress.
Step 23: Attend the hearing.
The opening statements of the petitioner and the respondents will be used to start the custody hearings.During an opening statement, the attorneys for both parties lay out the facts of their case and tell the judge what they will prove during the hearing.The witnesses called by the petitioner were followed by witnesses that the respondents called.Both parties can present witnesses to support their version of the case.The witnesses will be cross-examined by the opposing party to see if they are credible or biased.The closing arguments were given by the respondents.Both sides will have the chance to give their final arguments after the case has been presented.The judge made the ruling.The judge will look at all the evidence and make a decision about the best interests of the child.
Step 24: You should consider appealing.
You can appeal to a higher court if the judge ruled that you have no rights as a grandparent.If you have grounds to overturn the ruling, talk to an attorney.You have 30 days to file your appeal.Check the time frame and procedure for appealing in your state.